Title
Resolution to Approve an Encroachment Agreement Pursuant to Hampton City Code § 34-86 Between the City of Hampton and Lumos Networks Inc. d/b/a Segra to Allow an Encroachment into the City’s Right of Way for Installation of New Fiber Optic Cable, Conduit, and a Handhole Within and Along the City’s Right of Way Known as E. Queen Street and Wine Street
Purpose
PURPOSE/BACKGROUND:
Lumos Networks Inc. d/b/a Segra (the “Licensee” and “Grantee”), is a fiber optic communications network service provider intending to install certain infrastructure in the City of Hampton (the “City”) to provide services to its customers and certain properties adjacent to, near, or within the area of certain property owned by The Old Point National Bank of Phoebus, a National Banking Association, located at 101 E. Queen Street, Hampton, Virginia (LRSN: 2002943) (“the Serviced Parcel”). The City is the owner of E. Queen Street and Wine Street (collectively the “Right of Way”). Licensee requested that the City grant Licensee permission to encroach into two (2) areas of the Right of Way more particularly described as follows:
1. Area #1: 375 +/- square foot area (375’ x 1’ area) to bury and maintain new fiber optic cable and new conduit in the Right of Way in the location as illustrated on Exhibit “A” attached to the Encroachment Agreement presented to Council for approval; and
2. Area #2: 10 +/- square foot area (2.5’ x 4’ area’) of the Right of Way to install and maintain a new handhole in the location as illustrated on said Exhibit “A”.
Area #1 and #2 being collectively the “Licensed Area”. The new fiber conduit/cable and the new handhole as described above are the improvements being proposed to be located within the Licensed Area (collectively the “Licensed Improvement”) as requested on Licensee’s encroachment application and as further illustrated on Exhibit “A” attached to the Encroachment Agreement presented to Council for approval.
The request was routed to City staff and local utility companies, and none had any objections, but some recommend certain conditions that are included in the attached Encroachment Agreement. Therefore, pursuant to Hampton City Code § 34-86, City staff recommend approval of the Encroachment Agreement.
Discussion:
See Purpose/Background above.
Impact:
See Purpose/Background above.
Recommendation:
Rec
Approve the Resolution.
Body
WHEREAS, Lumos Networks Inc. d/b/a Segra (the “Licensee” and “Grantee”), is a fiber optic communications network service provider intending to install certain infrastructure in the City of Hampton (the “City”) to provide services to its customers and certain properties adjacent to, near, or within the area of certain property owned by The Old Point National Bank of Phoebus, a National Banking Association, located at 101 E. Queen Street, Hampton, Virginia (LRSN: 2002943) (“the Serviced Parcel”).
WHEREAS, The City is the owner of E. Queen Street and Wine Street (collectively the “Right of Way”);
WHEREAS, Licensee requested that the City grant Licensee permission to encroach into two (2) areas of the Right of Way more particularly described as follows:
1. Area #1: 375 +/- square foot area (375’ x 1’ area) to bury and maintain new fiber optic cable and new conduit in the Right of Way in the location as illustrated on Exhibit “A” attached to the Encroachment Agreement presented herewith to Council for approval; and
2. Area #2: 10 +/- square foot area (2.5’ x 4’ area’) of Right of Way to install and maintain a new handhole in the location as illustrated on said Exhibit “A”.
Area #1 and Area #2 being collectively the “Licensed Area”. The new fiber conduit/cable and the new handhole as described above are the improvements being proposed to be located within the Licensed Area (collectively the “Licensed Improvement”) as requested on Licensee’s encroachment application and as further illustrated on the aforesaid Exhibit “A” attached to the Encroachment Agreement; and
WHEREAS, City staff have reviewed the request and recommend granting the Licensee a non-exclusive revocable license, subject to certain terms and conditions and the execution of the Encroachment Agreement attached hereto.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Hampton, Virginia, as follows:
1. That the Encroachment Agreement between the City of Hampton and Lumos Networks Inc. d/b/a Segra is hereby approved; and
2. That the City Manager, or her authorized designee, is hereby authorized to execute the Encroachment Agreement, in substantially the same form as set forth in this Resolution, and to take any and all actions necessary to carry out the purposes of this Resolution, subject to approval by the City Attorney.